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The best time to review your treatment of workers as non-employees or independent contractors is BEFORE the audit or examination letter arrives. The IRS and the States are very active in auditing firms that they suspect are misclassifying workers. A consultation can accomplish the following:
- Identify areas of strength or weakness in the treatment of your workers
- Identify any clear worker misclassifications
- Review your current independent contractor agreement
- Draft an independent contractor agreement covering your particular type of worker or workers
- Research to find cases or rulings that are similar to your situation
Because reclassification assessments can be financially devastating, assistance from an attorney experienced in State and IRS employment tax examinations is CRITICAL. An employment tax examination notice or letter will come either from the IRS or from a State unemployment compensation agency (like the California Employment Development Department, the New York Department of Labor, or the Texas Employment Commission). Consultation or representation can help you or your accountant accomplish the following:
- Decide the best way to respond to document requests from the IRS or State agency
- Prepare for the actual visit by the State or IRS auditor
- Decide who should be present during the examination (accountant, attorney or both)
- Prepare for the type of questions that the State or IRS auditor will ask
- We will do legal research for cases or rulings to support the firm's position
- Handle post-audit procedures such as a Written Protest in response to an IRS proposed assessment
- Representation at an IRS appeals conference after the IRS makes a proposed assessment
- Representation in a Federal Court suit to challenge an IRS reclassification assessment
- Draft a Petition for Reassessment in the event of a State employment tax assessment
- Representation at the administrative law hearing following filing of a Petition for Reassessment
Because we advise employers on a national basis, the majority of our consultations are by telephone. Our toll-free telephone number is: +1 (800) 262-6554.
Any letters, agreements or other documents needed for the conference can be faxed or mailed to the law office before (or even during) the telephone consultation. You may find it helpful to include your accountant, attorney, bookkeeper, etc., in the telephone consultation.
Simply call us at +1 (800) 262-6554.